Towing Issues: car was towed NV, lawful possession, county ordinances


Question
I was pulled over and arrested, but where i had parked my car was at a high rise condo / tennis club. I didn't see any signs posted with NO PARKING or anything. I had someone on the way to pick up the vehicle a hour later the vehicle was gone. I didn't leave the property until 9 a.m. the tow was issued at 9:30 and wasn't actually reported with the police department until 1:45 and I have a copy of the invoice that wasn't signed by anyone. where it says person who authorized the tow it says "management". was this an illegal tow?  Las Vegas, NV address car was towed from 3930 swenson las vegas, NV 89119 in case you want to google it

Answer
Well as a general rule, signs have to be posted at the entrances to the property and have to be of certain size, shape, color and wording...

At the end of the answer are 2 sections which deal with part of the answer and what kind of penalties there are..


Now as to the signs, the actual law is below from one of my sources
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NAC 706.427 Authority to tow vehicles from private property: Display of signs on and marking of property. (NRS 706.171)

1. Except as otherwise provided in subsection 7, an operator of a tow car shall not tow a vehicle from private property at the request of the owner or person in lawful possession of the property, or a designated agent of the owner or person in lawful possession of the property, unless a sign is displayed on the property in accordance with the provisions of NRS 487.038, any applicable municipal and county ordinances and subsection 6.

6. A sign or signs displayed on a parking lot pursuant to subsection 1 must:

(a) Be printed with contrasting background and lettering;

(b) Use readable lettering;

(c) Be placed on the parking lot in such a manner that it is in the field of view of all drivers entering the lot;

(d) Be of sufficient quantity to notify all users of the lot of the parking restrictions; and

(e) Include the name and telephone number of the local law enforcement agency which is to be notified of a tow.
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As you can see, they have rules which also say they have to notify the local police that the vehicle was towed, and while the tow invoice says only "management" I am not able to find if they have to have it signed by the person readable or not.

But what you say tends to look like it was not a valid or legal impound or that it was a bit gray area.  Since I was not there and can not see the location and if there are any signs at all then I am kind of at a loss on specific answers.

I hope that this information helps



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  NRS 487.038  Authority of owner or person in lawful possession of real property to have towed therefrom vehicle parked in unauthorized manner: Oral notice to local law enforcement agency required; exceptions to authority; residential real property; costs to be borne by owner of vehicle; other rights and remedies.

     1.  Except as otherwise provided in subsections 3 and 4, the owner or person in lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard if:

     (a) A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner; and

     (b) The sign shows the telephone number of the police department or sheriff’s office.

     2.  Oral notice must be given to the police department or sheriff’s office, whichever is appropriate, indicating:

     (a) The time the vehicle was removed;

     (b) The location from which the vehicle was removed; and

     (c) The location to which the vehicle was taken.

     3.  Any vehicle which is parked in a space designated for persons with disabilities and is not properly marked for such parking may be removed if notice is given to the police department or sheriff’s office pursuant to subsection 2, whether or not a sign is displayed pursuant to subsection 1.

     4.  The owner or person in lawful possession of residential real property upon which a single-family dwelling is located may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Nevada Transportation Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard, whether or not a sign is displayed pursuant to subsection 1.

     5.  All costs incurred under the provisions of this section for towing and storage must be borne by the owner of the vehicle, as that term is defined in NRS 484.091.

     6.  The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of real property may have by virtue of other provisions of the law authorizing the removal of a vehicle parked on that property.

     (Added to NRS by 1973, 1110; A 1981, 985; 1995, 1607; 1997, 2009)

     NRS 487.039  Vehicle towed from facility for parking or at direction of owner or person in lawful possession of real property: Owner of vehicle authorized to file civil action to determine whether towing lawful; limitation; scheduling of hearing; order of court; operator of facility for storage of towed vehicles to display sign.

     1.  If a vehicle is towed pursuant to NRS 487.037 or 487.038 and the owner of the vehicle believes that the vehicle was unlawfully towed, the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in the justice court of the township where the property from which the vehicle was towed is located, on a form provided by the court, to determine whether the towing of the vehicle was lawful.

     2.  An action may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed $10,000.

     3.  Upon the filing of a civil action pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than 4 working days after the action is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, constable or other process server upon the owner or person in lawful possession of the property who authorized the towing of the vehicle.

     4.  The court shall:

     (a) If it determines that the vehicle was:

            (1) Lawfully towed, order the owner of the vehicle to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost; or

            (2) Unlawfully towed, order the owner or person in lawful possession of the property who authorized the towing to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner immediately; and

     (b) Determine the actual cost incurred in towing and storing the vehicle.

     5.  The operator of any facility or other location where vehicles which are towed are stored shall display conspicuously at that facility or location a sign which sets forth the provisions of this section.

     (Added to NRS by 1995, 1606; A 2003, 852; 2007, 1134)